Copyright 2013
industrial b2b

Terms & Conditions

1. Acceptance of Terms

1.1 Please read these terms and conditions carefully as they apply to your use of www.webtalyst.com (Site). By registering and using this Site, you agree to be bound by these terms and conditions.

1.2 These terms and conditions represent an agreement (Agreement) between you and Webtalyst (JR0011556-A) (We, Our, Us, Webtalyst).

1.3 You acknowledge that certain parts of this Site (Sub-Portals) may be governed by additional terms and conditions. Where this is the case those additional terms and conditions: (a) Will apply to your use of such Sub-Portals in addition to these terms and conditions; and (b) Will not prevail over these terms and conditions.

1.4 We reserve the right to vary the terms of this agreement at any time. Any variation will be communicated to you by Us pursuant to clause 9 below.

1.5 Continued use of this Site after any variation will constitute acceptance by you of the variation and this agreement will thereafter continue in full operation to the extent varied.

2. The Service

2.1 We will provide you with the services as advertised on and accessed through this Site (the Service).

2.2 We reserve the right to, in Our sole discretion, modify or vary the Service and/or this Site with or without notice. Webtalyst further reserves the right to introduce new features, functionalities or applications to the Service or to future versions of the Service. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by Webtalyst.

2.3 Webtalyst shall issue a Member Login Name and Password (which shall be chosen by the Member during registration) to each Member to access the Service through such Member's Account. Each Member shall be solely responsible for maintaining the confidentiality of its Member Login details and for all activities that occur under such details. A set of Member Login Name and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member Login Name or Password to another person outside of the Member's business entity. Each Member acknowledges that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), will cause irreparable harm to Webtalyst and each Member shall indemnify Webtalyst against any loss or damages (including but not limited to loss of profits) suffered by Webtalyst as a result of such multiple use of an Account. Each Member hereby undertakes to notify Webtalyst immediately of any unauthorized use of its Account, Member Login Name or Password or any other breach of security. Each Member hereby agrees that Webtalyst shall not be liable for any loss or damages arising from the Member's failure to comply with this paragraph.

3. Member Responsibilities

3.1 You agree:- (a) That We grant to you a personal, non-exclusive, non-transferable licence to access and use the Service for internal purposes only upon the terms of this agreement; (b) Not to re-sell, market, publish, or otherwise, distribute, copy or reproduce any of the data, information, text, images, files, messages, software, illustrations, photographs and other materials on this Site or accessed through this Site (the Data), in any way whatsoever, other than for the internal purposes of your business; (c) To be responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by you to access the Service; (d) To take all steps to ensure that any data, information, text, images, files, messages, software, illustrations, photographs and other materials you provide or transmit through the Service (Your Information, Information) is free from any virus or destructive program; (e) Not to transmit through the Service any information, products, services, data, or programs that relate to the sex industry, black market or which is unlawful or is obscene or likely to offend the general public or otherwise constitute an offence or crime for anyone to have access to or possession of such information, products, services, data or programs; (f) Not to use the Service for any activity which breaches any laws, infringes a party's rights or breaches any standards, content requirements or codes promulgated by any relevant authority which will require Us to take any remedial action. You must not use the Service in a manner which defames, harasses or menaces, including the sending of threatening or harassing e-mail messages or e-mail messages containing derogatory remarks; (g) That you are solely responsible for the Data that you may view or receive from access to the Service. We recommend that all downloaded material be thoroughly checked for any virus or destructive program; (h) To provide certain current, complete, and accurate Information as requested by Us through the registration process or through any other means that We may see fit to use; (i) To maintain and update Your Information as required to keep it current, complete and accurate; (j) To grant to Us the right to disclose to members and/or third parties Your Information; (k) To grant to Us a perpetual, irrevocable, royalty free licence throughout the world to use, reproduce, modify, adapt, publish, translate, sublicense, create derive works from, incorporate in other works (whether electronic or not), distribute and display Your Information, whether in whole or in part. (l) Not to use a false or misleading name or a name that you are not authorised to use.

4. Privacy

4.1 The personal data that you reveal to Us in registering to use the Service may be used by Us for direct marketing of products and services provided by Us to You from time to time.

4.2 The personal data you reveal to Us may be used by Us for direct marketing of products or services offered by members or third parties from time to time.

4.3 The personal data you reveal to Us may be disclosed to Our associate companies, affiliates, business partners, or other legal entities for their internal information so that they May market to you such services or products as they might offer from time to time.

4.4 You are free to object to any use of your personal information as stated in the above provisions at any time and, upon receipt of your instructions, whether communicated to Us via email or otherwise, We will comply with those instructions.

5. Membership Termination

5.1 We reserve the right to immediately, and without notice, withdraw or terminate your access to the Service, if:- (a) You fail to comply with any provision of this agreement concerning the payment of any fees; (b) You misuse the Service or fail to comply with your obligations as to the use and access of the Service as specified in this agreement; (c) There is any other reasons deemed suitable by Us.

5.2 However, We will endeavour to contact you by e-mail prior to termination or suspension.

5.3 In the event of termination, you will cease to be a member and will no longer be authorised to access the Service, but all restrictions imposed on you, licenses granted by you and all of Our disclaimers or limitations of liability set out in this agreement will survive.

6. Transactions between Traders

6.1 Through the Site, Webtalyst provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. Webtalyst does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, Webtalyst does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

6.2 Members are hereby made aware that there may be risks of dealing with people acting under false pretences. Webtalyst uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Webtalyst cannot and does not confirm each user's purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.

6.3 Each Member acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes,unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). Each Member agrees that Webtalyst shall not be liable or responsible for any damages that may arise a result of or in connection with any Transaction Risks.

6.4 Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

6.5 In the event that any Member has a dispute with any party to a transaction, such Member agrees to release and indemnify Webtalyst (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

7. Disclaimer

7.1 You acknowledge that, when using the Service, you must exercise your own skill and judgment and must evaluate and bear all risks associated with the use of the Data, including reliance on the accuracy, completeness or usefulness of the Data.

7.2 The accuracy of the Information provided by members depends on the truthfulness or competency of those members. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED AS TO THE FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY OR COMPLIANCE WITH ANY DESCRIPTION OF ANY OF THE PRODUCTS OR SERVICES WE ADVERTISE, WHETHER ON THIS SITE OR OTHERWISE, OR ASSUME ANY LEGAL LIABILITY FOR THE TIMELINESS, ACCURACY, USEFULNESS, SUITABILITY OF ANY INFORMATION, WHETHER TRANSLATED OR OTHERWISE, THAT WE PROVIDE.

7.3 WITHOUT LIMITING THE ABOVE PROVISIONS, THE SERVICE IS PROVIDED TO YOU "AS IS" OR "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

7.4 IN NO EVENT SHALL WE, OUR MEMBER FIRMS, AFFILIATES, PARTNERS, PRINCIPLES, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOVER, INCLUDING BUT NOT LIMITED TO LIABILITY FOR LOSS OF USE, DATA OR PROFITS.

7.5 UNLESS WE EXPRESSLY REPRESENT TO THE CONTRARY, WE MAKE NO WARRANTY THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

7.6 WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OR CONTENT OF INFORMATION ADVERTISED ON OTHER SITES WHICH ARE ACCESSED THROUGH THE SERVICE.

8. Intellectual Property Rights

8.1 You acknowledge that the Data is subject to copyright and possibly other intellectual property rights.

8.2 Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights unless this is expressly stated.

8.3 You must not:- (a) Sell, modify, copy, reproduce, republish, frame, upload to a third party, post transmit or distribute the Data, or parts thereof, in any way for any public or commercial purpose except with Our prior written consent or except as provided for on this Site or in this agreement. (b) Otherwise infringe the intellectual property rights of any person or other legal entity in using this Site or the Service.

9. Payment

9.1 We reserve the right at any time to charge fees. We reserve the right to vary or change the amount of such fees without any notice to you other than what is expressed in this agreement at any given time.

9.2 At the times of the members business names checking successful, there are NO REFUNDS for any of Our fee paying Services. You are responsible in utilising the Service once payment is made.

9.3 If for any reason payment is not cleared, We may, without notice to you, decline to approve your registration.

10. Notice

10.1 We will give you any notices that We deem are necessary by posting them on this Site or emailing them to you at the most recent address nominated by you.

10.2 You agree: (a) to check this Site and your email for notices; and (b) that you will be considered to have received a notice when it is posted on this Site or, in the case of email, 24 hours after sending.

11. Governing Law

We control the Site from our offices within Malaysia. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Malaysian laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the laws of Malaysia, without reference to its choice of law provisions.

Webtalyst Features
Memberships  |   Webtalyst Showroom  |   Sales Leads Posting  |   Products/Services Posting  |   Green Pages

Customer Services
About Webtalyst.com  |   Contact Us  |   FAQ  |   Terms & Conditions